Complaint #200815666,
October 25, 2008

Officer: Thomas, Catherine
Complainant: Black Male, 32
Allegation: Abuse of Authority: Stop
CCRB Conclusion: Substantiated (Charges)
Officer: Unknown Officer
Complainant: Black Male, 30-34
Allegation: Force: Physical force
CCRB Conclusion: Exonerated
Officer: Mufaddi, Daniel
Complainant: Black Male, 32
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Substantiated (Charges)
Officer: Mufaddi, Daniel
Complainant: Black Male, 32
Allegation: Discourtesy: Word
CCRB Conclusion: Unsubstantiated
Officer: Burgos, Ezequiel
Complainant: Black Male, 32
Allegation: Force: Nightstick as club (incl asp & baton)
CCRB Conclusion: Unsubstantiated
Officer Complainant Allegation CCRB Conclusion
Thomas, Catherine Black Male, 32 Abuse of Authority: Stop Substantiated (Charges)
Unknown Officer Black Male, 30-34 Force: Physical force Exonerated
Mufaddi, Daniel Black Male, 32 Force: Nightstick as club (incl asp & baton) Substantiated (Charges)
Mufaddi, Daniel Black Male, 32 Discourtesy: Word Unsubstantiated
Burgos, Ezequiel Black Male, 32 Force: Nightstick as club (incl asp & baton) Unsubstantiated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.
'Unsubstantiated': or 'Unable to Determine' - The alleged conduct was investigated but could not determine both that the conduct occurred and that it broke the rules.

Further details on conclusions.


Penalties

Mufaddi, Daniel
Instructions

Thomas, Catherine
Instructions

Summary

On October 25, 2008, at approximately 7:00 PM, [redacted] was standing next to his building at [redacted] in the Bronx, in front of a grocery store with his friends [redacted]. They were not blocking the sidewalk or entrances to the grocery store. An unidentified male was doing pull ups on the scaffolding in front of the building. Two police officers, whom [redacted] identified as PO Catherine Thomas and PO Dennis Harrison of the 46th Precinct, approached the unidentified male and yelled at him. [redacted] told the officers that they should protect, not scold. PO Thomas told [redacted] to move away from where he was standing on the sidewalk because he was loitering. When [redacted] refused to move, PO Thomas told him again to move or she would issue him a summons. [redacted] refused to move and PO Thomas told him to go hang out in front of his own building. At that point, [redacted] and his friends walked next door to their building, [redacted].
[redacted] briefly went inside his building to get some cigarettes and then went back outside in front of his building to smoke. PO Thomas and PO Harrison approached [redacted] PO Thomas asked [redacted] for his identification. [redacted] said that he needed to go into his house to get his identification. As [redacted] turned around, PO Thomas told him to put his hands behind his back. [redacted] said, "For what, I did not do anything wrong." PO Thomas told [redacted] to put his hands behind his back again. PO Thomas grabbed [redacted] jacket and [redacted] pulled away from her. PO Thomas let go of his jacket and [redacted] walked three steps inside of the lobby of his building. PO Thomas followed [redacted] into the building. At that point, PO Harrison and twelve uniformed police officers ran towards [redacted] PO Harrison grabbed [redacted] left arm and [redacted] pulled his arm back. Then all twelve unidentified police officers grabbed him in an attempt to get him onto the ground. The police officers were grabbing his waist, legs, and arms. [redacted] resisted by... Read report for details.


Details

Incident: October 25, 2008
Received: October 30, 2008
Closed: December 11, 2009

Reason for contact: C/V requested info from officer
Location: Street/highway
In NYPD 46th Precinct Bronx
Outcome: Arrest - resisting arrest

Witness Officers: Dennis Harrison, Amaury Soriano, Richard Valdez